Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1887-06-29
The Morton County Case.

ditto, and there has not been so much
activity here since the circus left. AT
this time, Wednesday, the indications
are that Morton county will hold the
boards and continue;to be the main at
traction during the remainder of the
week.
1t all came about this way: Morton
county has been having a county seat
fight, the cohtending towns being Fris-
CO and Richfield. Richfield was desig-
mated as the temporary county seat last
winter by the governor, and from out
side appearances, that official and the
state government have been earnest in
the effort to keep his choice the county
seat, without regard TO public senti-
ment. After a special election, held
FEBRUARY Sd, at the first canvass of the
ballots, Frisco was duly declared the
permanent county seat and the Frisco
ticket of county officers was declared
elected and certificates of election I'M
del, seal of the county, attested by the
county clerk appointed by the govern
or, were issued to the officers elected.
But after the first canvass had been
completed and the records removed
from Rich6eld to Frisco by the county
clerk and the chairman of the board of
county commissioners, the two other
commissioners met, appointed a tempo
rary county clerk and proceeded to make
the second canvass of the election re-
turns, counting in certain returns that
had not been presented at the first can
vass, and Richfield was declared the
county seat and the Richfield ticket
was declared elected.
Both sets of officers qualified and
provided themselves with books and
records; each established a county gov
eminent and proceeded to business
the principal business of each being to
employ counsel and enter into red-hot
fght-each attempting to GUST the 9TH
er faction from office and establish
their claim to the permanent county
seat.
The governor was appealed to and as
there were two sets of officers each claim
ing to have been legally elected, that Off
cial set about to ascertain which was
entitled to the offices. The way the
governor did this was to instruct the at
torney general to apply to District
Judge Strang for restraining order to
prevent the Frisco officers from exer-
cising the functions of their offices.
Judge .Strang refused to make the or
der and dismissed the case.
Later, one A. ]. Abbott, who had
been counsel for Richfield in the contest,
was appointed district judge by the
governor. He was appealed to by his
lfichfield friends and on short notice,
without the knowledge of Frisco, he
granted a temporary injunction re-
straining the Frisco faction from per-
forming the duties of their offices and
declaring Richfield the county seat; but
on the case being called before him to
be tried on its merits, defendants OBJ
jected to him sitting in the case, as he
had been counsel for Richfield, and they
were granted change of venue. The
case came to this district, the oath,
being the adjoining one to the 9th, the
one in which Morton county is in. 1t
was set for Monday, and at 10 O'Clock
II was called by Judge Ellis, but laid
over until o'clock to await the arrival
of the attorney general.
AT 8 o'clock, the parties all being
present, the case was called and pro-
ceeded with. The state, or rather the
plaintiff, was represented by Attorney
General Bradford and l.. j. Webb, of
Topeka; Jesse G.. Northcut, of Rich
field, who claims to be the county at
toney; E. Sample of this city and sew
eral local attorneys. The defendants
consel was Judge John Martin and Gen.
j. B. johnson of Topeka, Judge w. A.
Mcdonald, of Wellington; Judge Geo.
ID. Orner of Garden city, Cass Burris of
Frisco, who also claims to be county
attorney of Morton county, Judge Fry
erbarger, of Syracuse.
The case was stated by each party,
the attorney general and Mr.. Webb, for
the state and Gen. johnson for the de-
PENDANTS, and the introduction of evil
dence was commenced, E. G.. McLain,
OF Richfeld, one Of the commissioners
appointed by the governor being the
fest witness. His examination and
cross examination, lasted until adjourn
ment Monday afternoon. The state at
tempted to show that the canvass of the
vote in the first instance, the result of
which was favorable to Frisco, was not
in accordance with law, las two of the
county commissioners did not join the
chairman in proclaiming the result and
in adjOurning the board ; and the state
further attempted to show that it was
lawful for the two members favorable
to Richfield, to re-organize the board,
elect temporary clerk, re-canvass the
vote and admit the returns of precinct
that had been held back for cause. In
this the state was not entirely success
full, for rigid cross examination of the
witness showed that the second canvass
was part of the programme previously
arranged. Tuesday, another commls-
Toner was. examined by the state, but
before his cross-examlnation was finish
ed, the state asked that the court stop
the further introduction of evidence
and decide the question Of sustaining
or dissolving the injunction.
At the time of going TO press, the
court has the question under advise
ment. So it is not known if the entire
question of illegal voting will come up
or not. If the court decides to "go be-
hind the returns" the case will contin-
ne during this week. Otherwise, it will
end to-day.
Among the prominent citizens of